2018 will see the effects of many laws and regulations that that were passed in the last year. Following is a brief “year in review” highlighting the federal and state regulations that matter to Pennsylvania’s school bus contractors.
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1/19/2018| Reference Number : 110.1| Legal,
School Bus | ELDTR,
ELDs,
Overtime,
OSHA,
OSHA 300 Logs,
D&A Testing,
Upper Merion Area School District v. Teamsters Local #384 165 A.3d 56 (June 23 2017),
Susan Wilkinson v. Marvin Klinger Inc. 2017 WL 6017843 (Dec. 5 2017),
Fair Labor Standards Act (FLSA),
Federal Motor Carrier Safety Administration (FMCSA) |
According to the General Duties Clause of the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 654, each employer must furnish employees a place of employment free from recognized hazards that are likely to cause serious physical harm to employees. In the school bus industry that usually means protection from school bus violence. In January, 2017, OSHA fined a Pennsylvania psychiatric hospital $32,000 for exposing its employees to workplace violence caused by patients. Similarly, a Massach...
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In 2014 New York legalized medical marijuana with passage of the Compassionate Care Act (CCA). This NY state law allows doctors to prescribe marijuana in a non-smokable form to patients with serious ailments that are recognized by the state on a predefined list of conditions. New York is one of twenty-nine states in the U.S. to have legalized marijuana. But, all of the state laws legalizing marijuana are in conflict with current federal law. This article discusses the conflict of the New York la...
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7/1/2017| Reference Number : 73.2| Human Resources,
School Bus,
Legislative/Regulatory | Compassionate Care Act,
CCA,
Drug and Alcohol,
Medical Marijuana,
NY PUB HEALTH § 3361,
NY PUB HEALTH § 3369,
21 U.S.C. § 811,
49 CFR 392.4,
Garcia v. Tractor Supply Company,
Curry v. Miller Coors Inc.,
Steele v. Stallion Rockies Ltd. |
The 2017 legal environment was active for school bus contractors in Pennsylvania but the two cases discussed in this article are notable because they demonstrate the wide range of results that can occur when courts review termination of employment due to a driver’s positive drug test. Contact our office to obtain a copy of the full article discussing the cases, as well as considerations for school bus contractors.
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The General Duties Clause of the Occupational Safety and Health Act (OSHA), says that “[e]ach employer shall furnish … employees … a place of employment … free from recognized hazards that are … likely to cause … serious physical harm to … employees”. 29 U.S.C. § 654, 5(a). Recently, OSHA fined a York, PA healthcare provider $98,000 because OSHA found that the employer did not properly respond to an employee’s request for help with treating violent patients. This article will discuss wh...
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